Dr. Eric Ploumis
Some Useful (and Interesting) Facts About Your NY State Dental License
You worked hard through dental school to earn your dental license. You put in the extra years to specialize in ortho. Let’s explore a few of the rules and regulations relevant to your state granted privilege to practice dentistry and just what “specialized in orthodontics” means in relation to your dental license. I will deviate from the format of my previous columns and present these facts in bullet-point format, with accompanying citations. The citations can easily be found by doing an internet search at: www.op.nysed.gov. There is a vast trove of information related to our practice of dentistry on the Department of Education website for the curious.
Let’s start with Title VIII Education Law; Article 133 Dentistry
§ 6502 Duration and registration of a license “A license shall be valid during the life of the holder unless revoked, annulled or suspended by the board of regents.”
Commentary: Our dental license, once granted, is good for life. We don’t “renew our license” every three years, we renew our registration.
§ 6503 “Admission to the practice of a profession (1) entitles the licensee to practice the profession as defined in the article for the particular profession, (2) entitles the individual licensee to use the professional title as provided in the article for the particular profession, and (3) subjects the licensee to the procedures and penalties for professional misconduct.”
Commentary: We don’t have the “right” to practice dentistry. We are granted the privilege of a dental license by the state and the state can take that privilege away. When I accompany a doctor into a disciplinary hearing, I have to caution the doctor not to proclaim that “they can’t take away my right to practice.”
§6601 Definition of practice of dentistry. “The practice of the profession of dentistry is defined as diagnosing, treating, operating, or prescribing for any disease, pain, injury, deformity, or physical condition of the oral and maxillofacial area related to restoring and maintaining dental health. The practice of dentistry includes the prescribing and fabrication of dental prostheses and appliances. The practice of dentistry may include performing physical evaluations in conjunction with the provision of dental treatment.”
Commentary: I frequently get calls from dentists asking me, “is it legal for me to do x, y, or z?” I usually answer their questions by directing them to the definition of the practice of dentistry. If the procedure you are contemplating performing is not related to restoring and maintaining dental health you are practicing beyond the scope.
§6602 Practice of dentistry and use of title “dentist”
Only a person licensed or otherwise authorized to practice under this article shall practice dentistry or use the title “dentist”.
Commentary: Once you graduate from dental school you can call yourself a doctor but until you obtain your dental license you can’t call yourself a dentist. While we are on that topic, Rules of the Board of Regents, 29.2 a. 4. states it shall be professional misconduct to, “use the word “Doctor” in offering to perform professional services without also indicating the profession in which the licensee holds a doctorate.
Rules of the Board of Regents, §29.5 b. “The phrase ‘practice limited to’ shall be deemed a claim of special professional abilities, and may be used only by dentists who have completed specialty training.”
Commentary: Only dentists who have completed specialty training in one of the twelve recognized dental specialties (Dental Public Health, Endodontics, Oral and Maxillofacial Pathology, Oral and Maxillofacial Radiology, Oral and Maxillofacial Surgery, Orthodontics and Dentofacial Orthopedics, Pediatric Dentistry, Periodontics, Prosthodontics, Oral Medicine, Oralfacial Pain, Dental Anesthesiology) may use the phrases “practice limited to” or “specialist in.” Our dental license is plenary and once granted, we can legally perform all phases of dentistry, however if you do use the phrases phrase “limited to” or “specialist in,” you must, in fact, limit your practice to that specialty.
The rules and regulations above a just a small slice of the laws, rules, and regulations that govern our state-granted privilege to practice our profession. Although it is difficult and tedious to be aware of all of them, it is incumbent upon us to do so. When in doubt, find out. Ask an attorney, ask the dental society, do your own research. The old adage “ignorance is no excuse” is never more true than when it comes to our dental license.
Eric J. Ploumis, DMD, Esq.
NYSSO Board, Second District
This information is not intended as a substitute for legal advice. You should familiarize yourself with the laws of your jurisdiction and seek legal advice from an attorney who specializes in such matters.
Dr. Ploumis is an attorney at Rivkin Radler, LLP, an orthodontist in New York City, and an associate clinical professor of orthodontics at New York University. He limits his legal practice to business and transactional issues related to the practice of dentistry including practice transitions, partnership and employment agreements, office leases and the defense of allegations of professional misconduct. He can be reached at www.DentalPracticeLawyers.com.
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